Introduction

If you're like most people, you aren't eager to spend time thinking about what would happen if you became unable to take care of yourself because of illness, an accident or advanced age. It can be just as difficult to contemplate what would happen if a loved one, perhaps an aging parent or an ailing partner, reaches that stage. But sometimes it's impossible to avoid these issues. You may find yourself wondering: Who would pay my bills and take care of my house if I got sick? How would doctors know what kind of medical care I want to receive if I were hurt in an accident and couldn't tell them myself? Who's going to take care of mom's finances when her Alzheimer's disease grows worse?

If you don't do at least a little bit of planning -- naming someone you trust to direct your medical care and handle your finances -- these personal matters could wind up in the hands of doctors or in front of courts who may know very little about what you would prefer. It's far better to spend a few hours completing the legal documents that will make your wishes clear.

As you think about your preferences for healthcare and property management, you may be surprised by the range of concerns that arise. In addition to practical and financial considerations, there will surely be emotional aspects to the choices you make. Your own feelings, values and personal relationships will shape many of your decisions. For many people, making end-of-life medical decisions will also be a time for spiritual reflection and inquiry.

While this book can't address all of the practical, emotional and spiritual elements of planning for a time when you may need help with basic care, it can help you understand your options and ensure that there won't be legal complications if that time does come.

This chapter introduces the subject of incapacity and how to plan ahead for the time when help may be necessary. It explains the process and briefly describes the legal forms you will need. Chapters 2, 3 and 4 show you how to complete your forms.

You can also use this book if you are helping someone else to plan ahead and make the necessary documents. If you are using this book to help someone else, Section F of this chapter discusses some of the unique issues you may face.

Why You Should Plan for Incapacity

Almost every adult can benefit from some planning for incapacity. Here are a few important reasons to take the time to make at least the basic documents directing your medical care and financial management -- as well as to consider some of the other planning methods discussed in Section G, below.

1. Getting the Care You Want

Making an advance directive for healthcare and a power of attorney for finances (the documents in this book) is the best way -- and sometimes the only way -- to ensure that you will get the kind of care you want. If you don't make documents directing your healthcare, you might receive treatment that is very different from what you would have wished. And if you don't authorize someone to oversee your finances, a court could put those matters into the hands of someone you'd never choose for the job.

It's especially important to plan ahead if your circumstances make it likely that family members won't understand your wishes, or if a court might be inclined to appoint someone other than your first choice to make decisions for you. For example, planning is essential if you are a member of an unmarried couple, straight or gay, and you want your partner to take responsibility for your healthcare and finances if someday you need help. Without the right legal documents, a court could choose another family member to make financial decisions on your behalf. (This is slowly changing. See "New Benefits for Domestic Partners in California," below.)

It's also crucial to make a plan if you feel strongly about any of the details of your medical care or financial management. Only you know the particulars of your wishes -- for example, that you never want to be placed on a respirator or that your house shouldn't be sold while you are alive, even if you can no longer live there. Writing down these finer points is the best way to prevent them from being lost.

2. Helping Those Who Care About You

Writing down your wishes now can be a great help to those close to you if you ever become unable to care for yourself. In fact, your family members and close friends are likely to look upon your planning as a minor miracle. It means that loved ones won't have to spend long, agonizing hours (and sometimes a lot of money) trying to sort out what you would want, perhaps facing disagreements and disputes among themselves as they do so. Even well-meaning family members can and do argue about decisions relating to healthcare and money. Especially during a stressful time, different people may sincerely and strongly disagree about what's best for you.

By stating your wishes in advance, you may not take care of any discomfort others might have about your preferences -- but most people will respect what you have asked for and accept your plan. And anyone who wants to challenge your documents will probably be unsuccessful, facing a losing battle in court unless he or she can show that you were not of sound mind when you made your plan, or that you signed documents under duress or as the result of fraud.

3. Avoiding Conservatorship Proceedings

It may be easiest to understand why it's so important to plan ahead by considering in more detail what might happen if you don't.

If you have not made documents directing your healthcare and you become incapacitated, the doctors who take care of you will suggest what kind of medical care you should receive, and turn to family members for decisions. Problems often arise when family members disagree among themselves -- or when family members and partners disagree -- about what treatment is proper. The most common result is that emotions run high as family members and loved ones take sides in an attempt to take care of you in the way they think best, with all involved sincerely believing they have your best interest at heart.

In the most complicated scenarios, these battles over medical care wind up in court. If that happens, a judge, who usually has little medical knowledge and no familiarity with you, is called upon to decide the future of your treatment, usually by giving one person power to make healthcare decisions for you. (This person is called a "conservator.") Such battles are costly, time-consuming and painful to those involved -- and they are unnecessary if you have the foresight to use a formal document to express your wishes for your healthcare.

If you don't make a document naming someone to manage your finances, similar battles may ensue. Without the necessary document, your relatives or other loved ones will have to ask a judge to name a conservator to manage your finances.

The upshot of all this is that, without a couple of simple legal documents prepared in advance, a court may have to appoint a conservator to take care of your medical care, finances or both. Conservatorship proceedings can be complicated, expensive and embarrassing. Your loved ones must ask the court to rule that you cannot take care of yourself -- a public airing of a very private matter. Court proceedings are matters of public record; in some places, a notice may even be published in a local newspaper. If relatives fight over who is to be the conservator, the proceedings will surely become even more disagreeable, sometimes downright nasty. And all of this causes costs to mount up, especially if lawyers must be hired.

What's more, if a conservator is appointed to handle your finances, conservatorship proceedings are just the beginning of court involvement. Often a conservator of property must:

• post a bond -- a kind of insurance policy that pays if the conservator steals or misuses property
• prepare (or hire a lawyer to prepare) detailed reports and periodically file them with the court
• get court approval for certain transactions, such as selling real estate or making slightly risky investments.

Conservators in charge of your personal care -- including healthcare decisions -- may be required to report to a court as well.

You can see why it's usually far less burdensome to take the time to prepare an advance directive and a power of attorney. There are only a very few situations in which a conservatorship might actually be desirable; these are discussed in Sections B1 (for healthcare) and C2 (for finances), below.

Using Medical Directives

Let's take a brief look at the two healthcare documents you can make with this book.

1. Advance Healthcare Directive

In California, the document you use to direct your healthcare is called an Advance Healthcare Directive. California's advance directive form permits you to do several important things.

Name someone to carry out your healthcare wishes and make other medical decisions for you. The first part of the advance directive form is called a "durable power of attorney for healthcare." A power of attorney is simply a legal document that you use to name someone to make decisions for you or take action on your behalf. The word "attorney" here means anyone authorized to act for you; that person definitely doesn't have to be a lawyer.

A power of attorney is considered "durable" if it stays in effect even after you are incapacitated. Powers of attorney that aren't durable are not valid if you are no longer able to make your own decisions.

You use this part of the form, the durable power of attorney, to name the person who will make sure your healthcare preferences are honored and who will make any other necessary medical decisions for you. This person is called your agent, or your healthcare agent. Most people name their spouse, partner or a grown child as agent. It's best to appoint just one agent, and name a back-up in case that person is unable to serve. The form allows you to name up to two alternate agents.

The advance directive gives your agent broad authority to make healthcare decisions on your behalf, though if you choose, you can limit your agent's authority when you complete your document. Appointing your agent and defining the powers you want to grant is discussed in detail in Chapter 2, Section B.

State your healthcare wishes. You can state your preferences for medical treatment in as little or as much detail as you like. For example, you can indicate whether or not you want to receive life-prolonging treatment -- a respirator, CPR, surgery and the like -- if you are close to death from a terminal illness, in a permanent coma or if your agent (after consulting with your doctor) determines that treatment would be more likely to put you at risk than to help you. You can choose from general statements about your wishes, or you can write out as many specifics as you like about the kinds of treatments you do or do not wish to receive under various circumstances. We guide you through your options in Chapter 2, Section C, Part 2, providing samples you can use if you want to include detailed wishes in your form.

Specify whether you wish to donate organs, tissues or body parts after your death. If you want to donate any of your organs or body parts after death, the advance directive form contains a place for you to say so. This is discussed in Chapter 2, Section C, Part 3.

Name the primary physician who will be responsible for your care. If you have an established relationship with a doctor whom you trust, you may want to specify that this doctor supervise your care, working with your healthcare agent. See Chapter 2, Section C, Part 4.

Unless you indicate otherwise, your advance directive becomes effective only if your doctor determines that you are incapacitated and unable to communicate your wishes for care. If you prefer, however, you can allow your healthcare agent -- not a doctor -- to decide when to put your document into effect. See Chapter 2, Section A2.

2. Do Not Resuscitate (DNR) Order

If, in your advance directive, you state that you do not wish to receive life-sustaining treatment, you may also want to consider preparing a simple form called a Prehospital Do Not Resuscitate (DNR) Order. (In California, this is sometimes known as a "Request to Forgo Resuscitative Measures," but we call it by its less-cumbersome and more common name.)

A prehospital DNR order is used for the specific and limited purpose of alerting emergency medical personnel to the fact that you do not wish to receive cardiopulmonary resuscitation (CPR) in the event of a medical emergency. This means that if you are anywhere other than in the hospital -- for example, at home or outside somewhere -- and you collapse, the paramedics who respond to the emergency call will not attempt to re-start your heart or your breathing. If you are already in the hospital, you can ask your doctor to place a DNR order in your medical record; there's no need to create a separate form.

DNR orders are sometimes used by those who:

• have a terminal illness
• are at increased risk for cardiac or respiratory arrest, or
• oppose the use of CPR under any circumstances.

If you know you don't want to receive CPR in an emergency, preparing a DNR order is a good idea. If you don't have one, emergency medical personnel will do all they can to save your life, including administering CPR. Even if you've prepared an advance directive stating that you don't wish to receive CPR, emergency teams won't likely know of its existence.

In addition to preparing the DNR form, you will want to get a Medic-Alert bracelet or medallion to wear so that your wishes will be obvious to medical personnel. We explain how to complete the form and obtain a medallion in Chapter 3.

Using a Durable Power of Attorney for Finances

A durable power of attorney for finances allows you to name someone to take care of your financial matters if you become incapacitated and can't handle them yourself. ("Durable" simply means that the document stays in effect after you are incapacitated.) You can make the document effective immediately, if you need or want help right away. Or you can make what's known as a "springing" durable power of attorney -- a document that doesn't take effect unless and until you become incapacitated.

The trusted person you name -- again, called your "agent" -- will have whatever financial powers you grant to him or her. You can authorize your agent to pay bills (with your assets), make bank deposits, claim government benefits, manage your investments and handle many other financial matters. (See Chapter 4, Section B1, for more on an agent's authority.)

As you begin thinking about appointing an agent, keep in mind that it's usually best to name just one person, and that it's wise to name the same person to take care of your finances that you named to make healthcare decisions for you. If that's not possible, it's critical that you name two people who can work well together. (See Chapter 4, Section B4, for help choosing your agent.)

Most people with property or an income can benefit from making a durable power of attorney for finances. But it's not the right document in every situation. Following are some answers to common questions about when you should -- and shouldn't -- rely on a durable power of attorney for finances.

1. Do You Need a Durable Power of Attorney?

You may not think that you need a durable power of attorney for finances (DPAF) if you're married, or if you've put most of your property into a living trust or hold it in joint tenancy. But the truth is that in all of these situations, a durable power of attorney can make life much easier for your family if you become incapacitated.

a. If You Are Married

Don't assume that your spouse will automatically be able to manage your finances if you can't. Your spouse does have some authority over property you own together -- for example, to pay bills from a joint bank account or sell stock in a joint brokerage account. There are significant limits, however, on your spouse's right to sell property owned by both of you. For example, both spouses must agree to the sale of co-owned real estate or cars. Because an incapacitated spouse can't consent to such a sale, the other spouse's hands are tied.

And when it comes to property that belongs only to you, your spouse has no legal authority. You must use a durable power of attorney to give your spouse authority over your property.

b. If You Have a Living Trust

If you've made a revocable living trust, you know that its primary purpose is to avoid probate. But the trust can also be useful if you become incapable of taking care of your financial affairs. That's because the person who will distribute trust property after your death (called the successor trustee) can also, in most cases, take over management of the trust property if you become incapacitated. Usually, the trust document gives the successor trustee authority to manage all property in the trust and to use it for your needs.

However, the successor trustee has no authority over property not held in trust. Most people transfer into a living trust assets that are expensive to probate, such as real estate and valuable securities, but few people hold all their property in a living trust. So although it's helpful, a living trust isn't a complete substitute for a durable power of attorney for finances.

c. If You Own Joint Tenancy Property

Joint tenancy is a way that more than one person can own property together. The most notable feature of joint tenancy is that when one owner dies, the other owners automatically inherit the deceased person's share of the property. But if you become incapacitated, the other owners have very limited authority over your share of the joint tenancy property. For example, if you and someone else own a bank account in joint tenancy and one of you becomes incapacitated, the other owner is legally entitled to use the funds. The healthy joint tenant can take care of the financial needs of the incapacitated person simply by paying bills from the joint account. But the other account owner has no legal right to endorse checks made out to the incapacitated person. In practice, it might be possible -- if not technically legal -- to get an incapacitated person's checks into a joint account by stamping them "For Deposit Only," but that's not the easiest way to handle things.

Matters get even more complicated with other kinds of joint tenancy property. Real estate is a good example. If one owner becomes incapacitated, the other has no legal authority to sell or refinance the incapacitated owner's share.

By contrast, with a durable power of attorney, you can give your agent authority over your share of joint tenancy property, including real estate and bank accounts.

2. When You Shouldn't Rely on a Durable Power of Attorney

As discussed in Section A3, above, the expense and intrusion of a conservatorship are rarely desirable. In a few situations, however, special concerns make a conservatorship preferable to giving someone authority under a durable power of attorney.

a. You Want Court Supervision of Your Finances

If you can't think of someone you trust enough to appoint as your agent, with broad authority over your property and finances, don't create a durable power of attorney for finances. A conservatorship, with the built-in safeguard of court supervision, is worth the extra cost and trouble.

b. You Fear Family Fights

A durable power of attorney is a readily accepted and powerful legal document. Once you've finalized yours, anyone who wants to challenge your plans for financial management will face a tough, and probably losing, battle in court. But if you expect that family members will challenge your document or make continual trouble for your agent, a conservatorship may be preferable. Your relatives may still fight, but at least the court will be there to keep an eye on your welfare and your property.

If you're undecided. If you expect family fights and feel uncomfortable making a durable power of attorney for finances, you may want to talk with a knowledgeable lawyer. An expert who's experienced in these matters can help you weigh your concerns and options, and help you decide whether a durable power of attorney is the best option for you.

The Mental Capacity Requirement

To make a healthcare directive or power of attorney for finances, you must be of sound mind. In other words, you cannot make valid documents if you are already incapacitated.

In terms of your medical care, you are of sound mind as long as you can understand the nature and consequences of your healthcare choices and communicate your wishes for care.

For money matters, your mental capacity is determined by a similar standard. You are mentally competent as long as you can understand the rights, responsibilities, risks or benefits involved in your financial decisions, and the potential consequences of what you decide.

If you have physical disabilities but are otherwise able to understand your healthcare and financial choices, your documents will be perfectly valid.

When you sign a document, no one makes a determination about your mental state. The issue will come up later only if someone goes to court and challenges the document, claiming that you weren't of sound mind when you signed it. That kind of lawsuit is very rare.

Even in the highly unlikely event of a court hearing, the competency requirement is not difficult to satisfy. If you understood what you were doing when you signed your medical directive or power of attorney, that's enough. To make this determination, a judge would probably question those who knew you well at the time you made your document. There would be no general inquiry into your life. It wouldn't matter, for example, that you were occasionally forgetful or absentminded around the time when you signed your power of attorney document or healthcare directive.

Heading off problems. If you think someone is likely to go to court and challenge your documents or claim that you were coerced into signing them, see a good estate planning lawyer. The lawyer can review the documents you create yourself or draw up some documents for you. (This is not necessary in most circumstances, as discussed in the next section.) An experienced lawyer can also answer any questions you have about your documents directing medical care and financial management -- and about other estate planning documents as well. For example, you may also be expecting challenges to your will or a trust. You can talk with a lawyer about all of these issues. Your attorney can also testify about your mental competency, should the need arise.

Will You Need a Lawyer?

You can probably prepare the documents in this book without any help from lawyer. In fact, the California advance directive and power of attorney forms are designed so that people can complete them easily, without professional assistance. If, however, you have specific questions or unusual circumstances -- for example, unusually contentious family members or a very large amount of property -- you may need legal advice. As you read this book, you'll be alerted to circumstances where you may run into trouble or benefit from a lawyer's help. If you do need to see a lawyer, the information in Chapter 5 can help you find a good one.

If a Loved One Needs Help

Many people find themselves in the painful position of seeing a family member or close friend lose the ability to make sound medical and financial decisions. In addition to the grief of watching a loved one's condition deteriorate, a caretaker's situation can be made more difficult if the person in need of help denies -- or is oblivious to -- worsening physical or mental health.

If the person you're caring for is of sound mind (see Section D, above) and receptive to the idea of setting out medical wishes and naming someone to watch over medical and financial decisions, that makes things much easier. You can use this book to explain the process, answer questions and help prepare and finalize the right documents. But if you think someone who needs help will resist your efforts, you need to carefully consider the way you approach the subject.

For some stubborn folks, it may be enough to explain why planning is important. Some people may be moved by a request to plan ahead because it will relieve much anxiety and pressure for you and the others who care about them, even if they don't much care what happens or who makes decisions for them. Others may be more inclined to make healthcare and financial documents if they understand that doing so is the best way for them to stay in control of their lives, because whomever they name must follow their instructions in every way possible. Of course, when you talk with anyone who's struggling with increasing frailty, you will have to tread very gently around issues of deteriorating mental or physical abilities, perhaps underscoring that planning is a good thing for anybody to do, just in case it's necessary someday.

All that said, it's just as important to remember that legally you can't -- and you shouldn't -- try to force someone to follow a certain course just because you think it's best. If you strong-arm or coerce someone into making documents and those documents are later challenged in court, you could find yourself in a lot of legal trouble. The same goes for faking signatures on any legal documents. Don't do it. If your loved one doesn't want to cooperate and you eventually have to ask a court for control over his or her affairs, that may be difficult, but it's much better than being charged with fraud or forgery. Under California law, you could be forced to pay at least $10,000 if a court finds you guilty of such behavior. (Cal. Prob. Code § 2742(b).)

If it's too late to plan. As discussed in Section D, above, a person must be of sound mind to make the documents in this book. If a family member is already incapacitated and you need to ask a court to name a conservator, Nolo's Conservatorship Book for California, by Lisa Goldoftas and Carolyn Farren, provides you with everything you need to obtain a legal conservatorship in California without a lawyer.

Getting support. The following resources may help you cope with some of the stresses of caregiving:

The 36-Hour Day, by Nancy L. Mac and Peter V. Rabins, M.D., is a comprehensive guide to caring for people with Alzheimer's disease, as well as other types of dementia and memory loss.

The Family Caregiver Alliance, 690 Market Street, Suite 600, San Francisco, CA 94104, 415-434-3388, is a support organization and information clearinghouse for families and friends providing care for someone who is incapacitated. You can browse their offerings on the Web at www.caregiver.org.

The National Alzheimer's Association provides resources and support for people caring for a loved one with Alzheimer's disease. You can find lots of free information on the organization's website at www.alz.org. You can also contact them by mail or phone: 919 North Michigan Avenue, Suite 1100, Chicago, IL 60611-1676, 800-272-3900.

Children of Aging Parents is a nonprofit organization that provides information, referrals and support to caregivers. Visit the website at http://www.caps4caregivers.org or contact CAPS at 800-227-7294.

Other Important Issues to Consider

Making the most important documents in this book -- the advance healthcare directive and the durable power of attorney for finances -- will take you a long way in your planning. Once you've completed them, you can be confident that someone you trust will be on hand to take care of you, personally and financially. But there are a few other things you should consider when thinking ahead. Here is a brief look at the most important of them.

1. Long-Term Care

Someday, you or a close family member may need some kind of long-term care. A significant number of older people, even if they remain basically healthy, develop physical or mental frailties or impairments that at some point prevent them from living independent lives.

"Long-term care" may be defined in many ways, but essentially it means regular assistance with medical care or personal needs -- for example, eating, dressing, bathing or moving around -- provided by someone other than a family member. There are many types of long-term care available these days, ranging from part-time home care, to adult daycare, to independent living and assisted living residential communities, to nursing facilities. Some long-term care is temporary -- for example, if you're recovering from a broken hip or a stroke. In other cases, permanent care is necessary.

The need for temporary or permanent care raises a number of difficult questions:

• What kind of care is needed?
• Who will provide it?
• Where will it be provided?
• How much will it cost?
• Who will pay for it?

If you appoint an agent for healthcare and finances and you do nothing else, you won't be left out in the cold when it comes to long-term care. Your agent will most likely be the one to find answers to these questions and try to get you the care you need. You can make the job much easier by thinking about, talking about and planning for potential needs ahead of time. Discussing your preferences and making a plan for financing necessary care -- including an evaluation of long-term care insurance and potentially available government benefits -- will save your agent and other family members a lot of time, trouble and money down the road.

Help with long-term care decisions. Beat the Nursing Home Trap: A Consumer's Guide to Assisted Living and Long-Term Care, by Joseph L. Matthews (Nolo), can help you understand the many alternatives to nursing facilities and show you how to fit the care you need to the funds you have available. Topics covered include arranging in-home care, finding a non-nursing facility residence, choosing a nursing home, getting the most out of Medicare and other benefit programs, evaluating long-term care insurance, protecting your assets when the costs of care start to mount and other important matters.

2. Arranging Care for Young Children

You can't use a power of attorney to give anyone authority to care for your minor children (those under 18) if you become incapacitated. In your durable power of attorney for finances, you can give your agent the authority to pay for the children's needs out of your assets -- but the agent's power under the document stops there. If you become incapacitated, your children's other parent will be responsible for taking care of them. If the other parent is not available, a court will appoint someone -- a close family member, if possible -- to do it.

In California, if you have been diagnosed with a terminal illness, you may ask a court to nominate another person as a "co-guardian" along with you. (Cal. Prob. Code § 2105(f).) This process is intended to alleviate some of the emotional stress and disruption kids suffer when a parent becomes seriously ill and later dies. The co-guardian has the same rights and responsibilities for your child as you do. The court can't appoint a co-guardian over the objection of your child's other parent unless it first finds that granting custody to the other parent would be bad for the child.

Under circumstances other than terminal illness, to name a guardian who will care for your young children if you die, you should write a will (see below). The court will give strong weight to your recommendation when appointing the guardian. (If a court appoints a co-guardian when you are terminally ill, there is no need to name a guardian in your will. The person appointed by the court will continue to care for your children after you die.)

3. Leaving Your Property

If you're thinking about end-of-life issues, you'll probably want to make some decisions about who will receive your property when you die. You can use a will, living trust or other legal transfer method (such as joint tenancy ownership) to carry out your wishes. Along with deciding how property will be distributed, you may want to explore strategies for avoiding probate -- the time-consuming and often wasteful court proceedings after death. And if you're wealthy, you will probably want to explore methods of eliminating or reducing estate taxes.

The easiest thing to do is to draw up a simple will. This is important if you own any property that matters to you, so that it will be passed on as you wish. And, as mentioned above, it's critical if you have kids under 18. People with young children should write a will to nominate a guardian who will raise their children if they can't, and they should make a plan for how the children's property will be managed. (Minors, by law, can't control any significant amount of property they own.)

Below you'll find a list of resources from Nolo that can help you with wills, trusts and other aspects of what lawyers call "estate planning."

4. Winding Up Your Affairs After Death

With one important exception, you can't give an agent the power to handle tasks after your death, such as paying your debts or transferring property to the people who inherit it. The exception is this: Your agent for healthcare is permitted to handle the disposition of your body after your death, including donating organs, authorizing an autopsy and handling funeral arrangements, unless you say otherwise in your advance healthcare directive. (See Chapter 2, Section C, Part 1.)

If you want an agent to have authority to wind up the rest of your affairs after death, use your will to name that person as your executor. If you also plan to avoid probate, you may want to prepare a living trust and name that person as your successor trustee -- the person who will manage and distribute trust property after your death.

More information about estate planning. Nolo offers many tools designed to help you with basic estate planning tasks. You may want to start by visiting Nolo's website at www.nolo.com, where you'll find lots of helpful (and free) information about estate planning in our legal encyclopedia.

Quicken Lawyer Personal Deluxe (software for Windows) allows you to prepare a comprehensive will and living trust using your computer. It also enables you to prepare a final arrangements document and many other useful legal forms.

Plan Your Estate, by Denis Clifford and Cora Jordan, offers in-depth coverage of all significant elements of estate planning, from simple wills to probate avoidance and complex tax-saving trusts.

Estate Planning Basics, by Denis Clifford, is a short course in estate planning, providing straightforward explanations that help you learn just what you need to know to make your plan.

Nolo's Simple Will Book, by Denis Clifford, shows you how to prepare a will that covers your needs, including basic trusts for minor children. Will forms are available as tear-outs or on a CD-ROM included with the book.

The Quick and Legal Will Book, by Denis Clifford, enables you to efficiently prepare a basic will.

Make Your Own Living Trust, by Denis Clifford, provides a complete explanation of how to prepare a living trust. The book contains forms (tear-out and on CD-ROM) allowing you to create a probate avoidance living trust and, for married couples, a tax-saving "AB" trust.

8 Ways to Avoid Probate, by Mary Randolph, offers a thorough discussion of all the major ways to avoid probate by transferring property at death outside of a will.

How to Probate an Estate in California, by Julia Nissley, walks you step-by-step through the process of probating an estate in California, with lots of helpful information for executors.

9 Ways to Avoid Estate Taxes, by Mary Randolph and Denis Clifford, presents the most important ways that wealthy folks can reduce or avoid federal estate tax.